Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-4A-2 Fact offense not committed or attempted not a defense
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It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited. Source: SL 2005, ch 120 , § 439.
SDCL § 22-4A-3 Proof required for conviction of criminal solicitation
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No person may be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent. Source: SL 2005, ch 120 , § 440.
SDCL § 22-4A-4 Renunciation of criminal intent--Requirements
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No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, the defendant: (1) Notified the person solicited of his or her renunciation; and (2) Gave timely and adequate warning …